During day of world intellectual property comes, beijing High Court lawsuit of the domain name since amount to delimits went up full stop. Network industry ever exploded 2000 give an astonishing inside story: Top class domain name has Chinese Internet actually in the hand that 10 % grasp in a company, finite liability company has passed information of Beijing nation network CNNIC registered thousands of domain name, include brand of as well-known as hundreds international such as home of Du Bang, Bao Jie, appropriate company among them identical abecedarian domain name, what become the domain name on CNNIC to register thereby is the biggest door. The domain name is equivalent to doorplate or address in the action in Internet. All over the world, without reduplicative domain name, no matter be international domain name or domestic domain name, the user that the whole world receives Internet can accurate arrive without by accident visit. The domain name is self-evident to the importance of the enterprise. Country network company this action makes a lot of companies were immersed in passivity undoubtedly, also make oneself were on dock, much home crossed national big company to offer suit to its. Country network company also loses a lawsuit again and again because of tort.
The lawsuit of a few domain names of final judgment of this Beijing tall courtyard, country the adversary of the net still is (the United States) wrap up of combination of Bao Jie company, United States serves a company to wait for such crossing national big company. In the country among the dispute case of network company and treasure clean company, although country the net states he registers a domain name again and again nonexistent subjective ill will, did not make unfair competition, but the testimony that cannot take be convinced of person of sell one's own things however comes. Treasure clean company registered international domain name in August 1995 " Olay.com " etc registered trade mark is using power. Network company was the same as the country in May 1999 center of Chinese Internet information (CNNIC) the 3 grade domain name that identifies a gender is had in registering this domain name " OLAY " the registered trade mark with Bao Jie company " O-LAY " identical, as prevenient as treasure clean company registered domain name " O-lay.com " in have the 2 grade domain name that identifies a gender " OLAY " identical. The court thinks enough causes the mistake of relevant public, and country network company registers his the domain name, did not debut up to now use, go up objectively hampered treasure clean company is registered in China " O-lay.com.cn " the right of the domain name, the subjective ill will of behavior is clearly, already made unfair competition, company of adjudicative nation network is cancelled " Olay.com.cn " domain name, recoup loss of treasure clean company 900 yuan.

The United States combines wrap up to serve a company is the biggest package on the world fast give a company, held water 1907. The English name of this company is UnitedParcelServiceofAmer-ica, inc, abbreviate is " Ups " . This company was registered in 160 many countries and area " Ups " brand. This company registered international domain name on computer network in April 1992 " Ups.com " undertake use. 1993, the United States laps the company enters China to enter go by battalion and advertisement propaganda jointly. Came 1997 1998, the United States combines approve of bureau of brand of China of package company classics, register on multinomial commodity and service " Ups " reach graphical trade mark.

On May 25, 1999, country network company registered a domain name in center of information of Chinese internet network " Ups.com.cn " , did not use actually up to now. Arrive in the accused after the court, country network company does not think however him tort, because " Ups " not be famous label, they register a domain name medium " Ups " be " UPS " abbreviate. Face this kind to explain. The court thinks: "The UPS is supplied implement " the English abbreviate that is English Uninterruptible Power Supply, it is the name that computer industry uses a kind of power source, this name is begin to use after the computer appears, the English abbreviate that is later than the United States to lap the company uses this company name jointly " Ups " time,

Combine the evidence that package company submits according to the United States, can maintain this company to go up through the advertisement of media and outdoors advertisement waiting in the press, magazine use " Ups " registered trade mark, use on computer network " Ups " registered trade mark undertakes management an activity, make " Ups " registered trade mark is relevant public know, it is certain to have famous degree, can maintain in relevant public, contain " Ups " registered trade mark and company of American combination package are to be equal connect.

Network company also admits the country in register " Ups.com.cn " before the domain name, not to it relevant prevenient right, also did not register the logical explanation of this domain name. After registering this domain name, disloyal all the time border is used, can maintain a country network company is to prevent combination to lap the company registers this domain name of purpose, have clear commercial purpose, the net registers the country the behavior of this domain name has ill will, company of adjudicative nation network is cancelled " Ups.com.cn " domain name.

The other that adjudicates in the corresponding period in lawsuit of a few domain names, country network company loses a lawsuit likewise. Have in China certain and famous spend " SUBWAY " , " EILE " , " NINEWEST " the person of trade mark right of brand: Limited company of American doctor combination, Holand surpasses 100 flavour international finite liability company, (France) press of Li Baiqi of humble of birch a pavilion or house on a terrace, (the United States) be able to bear or endure round company also recaptured Enxibuji respectively oneself Chinese domain name.

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